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Based on my reading of the NDAA, the sunset date for task orders issued under ID/IQ contracts that are valued at over $10M has been extended for DOD, but not for civilian agencies. I saw where Title 10 was modified to change the sunset date but saw nothing similar relating to civilian agencies. If someone else has found where this applies to civilian agencies (in the 2011 NDAA or another document), please let me know.

Assuming that no change has been made for civilian agencies, I'm looking for opinions on how this would apply for assisted acquisitions. Specifically - if a civilian agency such as GSA, DOI or NIH, conducts a procurement on behalf of a DoD agency and awards a Task Order valued at over $10M, will it be protestable? Beccause regardless of what the Interagency Agreement between the two entities may say about following all the DoD business rules, protest jurisdiction is not an agency level negotiation point.

Recognize that we probably won't know for sure until after the first award after the civilian side sunset date has passed, someone protests and GAO makes a call as to whether they have jurisdiction. But what do you think?

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Guest Vern Edwards

My guess is that the protest is filed against the agency who conducted the procurement, because they are the ones being accused of violating the rules, not the source of the requirement and funds. Thus, jurisdiction is based on the servicing agency, not the requeting agency. But that's just a guess.

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Guest carl r culham

Leaning towards Vern's comments with an addition along the same lines - color of money. Does the agency being assisted provide the money to the assisting agency to obligate or is the assisting agency just helping upto point of award and the assisted agency actually awards?

I could be way off base here but my thought is if the assisted agency actually transfers the money to the assisting agency, it becomes the assisting agency's money to obligate therefore assisting agenciy's procurement and not that of DoD and therefore could be a point of decision.

On the other hand an agreement is an agreement and if the assisting agency violates the agreement regarding following the assisted agency's rules it could be cause for the GAO to cry foul regardless of how the money tracks.

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If the servicing agency doesn't have authority to enter the contract, and it is the servicing agency that is entering the contract, what does it matter if the requesting agency does? Why wouldn't both the servicing and the requesting agencies have to comply with each of their respective rules?

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At GSA, when we receives funds from our clients, the funding is placed in the revolving fund and it is our line of accounting that funds our task orders. Part of the Interagency Agreement is that we follow their money rules, even though the funds we are actually obligating are ours. Once we've paid a vendor invoice, it's part of our job to make sure that when we turn around and bill the client, the client funds we are billing against are valid under client rules for the invoice we paid.

Vern - I'm certainly hoping your guess is right. But I guess this summer's "fun" will be waiting for it to happen so we can get a decision to serve as precedent.

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